Property right of agricultural biotechnology in Indonesia: Islamic and western legal philosophy

The concept of ownership, in the end, gave birth to what is called "propertyrights" in Indonesian law still refers to the legal philosophy put forward by legal experts from the west; in its development, there is an Islamic legal philosophy that is also part of the national legal system. This article aims to compare the concept of ownership (property rights) in agricultural products in Indonesia, based on Islamic legal philosophy and western legal philosophy. This article uses a juridical research method with 3 (three) approaches, namely the statute approach, conceptual approach, and comparative approach, which is implementedthrough an analysis of laws and regulations, books, and legal journals that regulate the relevant theme, then conduct a comparison of the two philosophies. The results show similarities and differences between the concept of ownership in Islamic legal philosophy and western legal philosophy, especially on ownership of agricultural products. The similarities between the two are: first, recognizing that property rights are natural rights; second, protecting and upholding property rights; third, the use of property rights following the owner's will. There are also differences between the two philosophical thoughts related to the concept of property rights in agricultural products, namely: first, on the side of Islamic legal philosophy, the concept of individual ownership cannot be absolute because there are other people's property rights in it, while in terms of western legal philosophy, the concept of ownership is individual andmaterialistic; Second, property rights in Islamic law do not apply to registration because they are traditional, while property rights in western law apply for registration because they are modern declarative. Regarding the similarities and differences, in the end, the two philosophical ideas regarding property rights were born as special legal protections in the agricultural sector by patents and plant variety protection.